HomeMy WebLinkAboutContract 47985-EC1 Date Received: 05/19/2022 Record Number: PN22-00070
Time Received: 1:18 PM City Secretary No.: 47985-EC1
ESTOPPEL CERTIFICATE
This Estoppel Certificate is made as of the 18th day of May 2022, by the
undersigned, the City of Fort Worth, a home rule municipal corporation of Tarrant County,
Texas ("City"), acting herein by and through its duly authorized Development Department
Director, provides this Estoppel Certificate under that certain Right of Way Encroachment
Agreement (the "Agreement") with Centergy River II LP, a Texas limited partnership
("Licensee"), dated as of July 13, 2016, and recorded July 19, 2016, under Clerk's File No.
D216160404, Official Public Records, Tarrant County, Texas, and was re-recorded on
January 6, 2017 under Clerk's File No. D217004259, Official Public Records, Tarrant County,
Texas, relating to that certain real property located at 601 Harrold Street, Fort Worth, Tarrant
County, Texas, as more particularly described in the Agreement (the "Property"). The City
gives this Estoppel Certificate in connection with the sale, transfer, assignment and conveyance
of such Property in its capacity to oversee compliance of the Agreement with respect to the
Property, to Lang LB, LLC, a Texas limited liability company or its permitted assigns
("Purchaser") and that Purchaser intends to obtain title insurance from Chicago Title
Insurance Company ("Title Company") and a loan in connection with its acquisition of the
Property, and the City hereby certifies to Licensee, Purchaser, the Title Company and any lender
as follows:
1. The Agreement is in full force and effect and City has not assigned or otherwise transferred
its interest in the Agreement.
2. A true and correct copy of the Agreement,together with all amendments thereto,is attached
as Exhibit "A" to the Assignment and Consent Agreement along with this Estoppel
Certificate.
3. The term of the Agreement is 30 years commencing on July 13, 2016.
4. Licensee paid the $325.00 Application Fee. As of the date hereof, the annual license fee is
$.56 per square/linear foot of the encroachment area, payable annually and thereafter. The
initial license fee was paid to the City upon execution of the Agreement and the next
payment of the annual license fee in the amount of$7.28 is due on January 1, 2023.
5. Licensee has constructed, installed and is currently maintaining the Irrigation Line
improvements encroaching into the Public Right-of-Way and there are no outstanding
construction or maintenance obligations under the Agreement.
6. No default by Licensee has occurred under the Agreement which is continuing.
OFFICIAL RECORD
CITY SECRETARY
ESTOPPEL CERTIFICATE—ROW ENCROACHMENT AGREEMENT Page 1
PN22-00070 FT.WORTH, TX
The City acknowledges that this Estoppel Certificate may be delivered to, and relied upon
by, Licensee, Purchaser, the Title Company and any prospective lender to Purchaser, and
their respective successors and assigns.
Executed as on the 18th ,day of May 2022.
CITY OF FORT WORTH
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By: DJ Hay 18,2022 14:00 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: May 18,2022
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ATTEST: nEXp5o4p Approved As To Form and Legality
J iette S.Goodall(May 19,2022 07 CDT)
Jannette Goodall, City Thomas Royce Hansen
Secretary Assistant City Attorney
Date: May 19,2022
Date: May 16,2022
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
3?--�- (6f- -
Janie S. Morales
Development Services
Date: May 16,2022
OFFICIAL RECORD
CITY SECRETARY
ESTOPPEL CERTIFICATE—ROW ENCROACHMENT AGREEMENT Page 2
PN22-00070 FT.WORTH, TX
***THIS PAGE FOR CITY OF FORTWORTH
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared D.J.Harrell,known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18th day of May
2022 .
Wendy L. Digitally signed by Wendy
L.Beardslee �PRYP'o WENDY L BEARDSLEE
Beardslee Date:2022.05.1816:28:11 z Notary Public
05'00' * *1 I.D.
STATE OF TEXAS
Notary 13323719-3
Notary Public in and for the State of Texas NT9�oFP My Comm. D p. July 28,2025
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX